Study On Ming Gong Shu Pan Qing Ming Ji About The Judicial Concepts Of Famous Law-officials In The Southern Song Dynasty

There are two kinds of explanation about the word "idea" in the lexicon, one is the opinion or thought that the result of thinking activity. The other is concept that usually refers to ideas. Sometimes it also refers to the image or the general image of objective things in the human brain. As a following concept of the idea, the judicial concept is that dominates thought or idea of the judge in the judicial activities. Because the political, economic and cultural background is not the same in each time, so the judicial concepts of judges in different eras are also different. Honest and upright official as an outstanding group in the feudal official, analyzing the concept of their trial summary can provide useful references for constructing the socialist rule of law in China.Based on Ming Gong Shu Pan Qing Ming Ji (hereinafter referred to as the" Qing Ming Ji") center, based on the analysis of and sums up the book of a total 473 cases, according to the order of each category, we find that the famous law-officers’ trial idea in the Southern Song Dynasty mainly includes five aspects. First analyzed the clean and diligent idea of the famous male in the Southern Song Dynasty, the idea is that the judges, for their own constraints and consciously form of ethics and code of ethics is a kind of specification. The idea embodied in the trial activities that the judge will be clean, fair and diligent.As the famous law-officers in the Southern Song Dynasty, they not only to let God satisfied, but also to live up to the people. They will not oppress the people like corrupt officials, but to protect the people and compassionate the weak. They also punish corrupt officials those who harm the people.The trial in accordance with the law and references sense is another typical trial idea of the famous law-officers in the Southern Song Dynasty. As judges, they must reference the law as a fundamental basis of the trial to maintain the authority of the laws of the state. They also need to consider sense to make the case to get a fair and reasonable decision. Sense not only will be complement when laws are defective or blank, while at the same time reasonable law conflict will be beyond the law as the final basis of case.In order to achieve the goal of no litigation, the famous law-officers of the Southern Song Dynasty in the case, especially emphasis on the role of the moral enlightenment in civil cases involving marriage family and land, the idea behind is actually in order to maintain the feudal ethics, meet the needs of the family harmony and social stability. In order to achieve the goal of no litigation, they from the two aspects of positive and negative. The Positive way including mediation and cautionary tale, while the negative way mainly includes no processing and punishing those who teach litigation.In criminal cases, the concept of judgment of the famous law-officers in the Southern Song Dynasty mainly reflects in hearing cases smartly and cautiously and having mercy on prisoners. they will be smart and cautious and fully do judgment based on evidence in criminal cases, which do not mistreat innocent people.In addition they apply the lighter punishment of prisoners because of old age, seasonal factors and so on to embody their forgiveness.In a word, the famous law-officers’ five trial ideas in the Southern Song Dynasty, which is to resolve social contradictions and achieve social harmony and stability.